"Faults which daring Genius owes

Half to the ardour which its birth bestows;"

"The journey", says Captain Wade, in a letter which | Dr. Henderson's mental confirmation, they were at least we have been permitted to see," which he had lately but those performed, would, had his life been spared, have enabled him to contribute a valuable store of information regarding a part of Asia almost entirely unknown to us, and when the Attock is as well known as the Ganges, it will not be forgotten, that he was the first who fellowed the and in some measure may be viewed as the very charcourse of that river from the confines of Yarkund to the ter by which he held an existence, devoted to the good plains of Peshawur at the sacrifice of his valuable life."happiness and improvement of his race. of his fellow creatures and capable of advancing the

The following extract from the last letter Dr. Hender

characteristic notice of his travels.

During a residence in India, which cannot have fallen much short of twenty years, his active mind seems to have been ever devoted to objects of national interest,son wrote to Agra, will be as interesting, as it is a and for many years past, to have been unremittingly employed in introducing measures of direct public utility. "You would hear from that I had again returned, It was at Calpee, we believe, that Dr. Henderson, first or rather was on my return, to civilized society. I inengaged in mercantile speculations and then prosecuted tended to have remained some short time and to have them keenly till the Bhurtpore war. Investments of opened a correspondence with you from Lahore; but ghee, catching elephants, supplies of horses, and bank-news having reached that I was directed to be placed in ing, all occupied his attention; but the improvement of arrest on crossing the frontier, I hastened to Lodeeanah, the cotton of upper India was the more favorite scheme, knowing well how anxious you would be to print my and employed his pen in a correspondence with the court martial. Under various circumstances I was talented Holt Mackenzie. He endeavoured too, to in-enabled to make my way to Ludak, where circumstances troduce the spining jenny at Coel, but without success, compelled me to intimate to the Raja my being an Engand was, after much unsuccessful speculation in indigo lishman. Desirous of obtaining an offensive and defenand cotton, driven in 1828, to Van Diemen's Land, with shattered health and in embarrassed chicumstances.

I

sive treaty with our governor, the Rajah foolishly thought that by delaying me he would effect his object. In some Since his return to India, Agra has been the chief measure aware of his plans, I attempted to make my scene of his labours. The Medical Retiring Fund, a where refusing to surrender I got first severely malled, escape, but was overtaken 4 marches from Ludak, Medical Library, the publication of an English, Persian and after being disarmed I received several tulwar and Hindee newspaper, the remodelling of the Orphan wounds and other injuries. I was consequently declared School, the establishment of the Agra Bank, the attempt a prisoner for 3 months and was only set at liberty by to cause the existence of a Branch Horticultural Society, Zerour Sing, on the Sekhs entering Ludak. After a vain the formation of the Agra Public Library, the erection of an extensive Corn Mill, are all schemes, which either attempt to make my way to Andegan, the season being far advanced and my pecuniary resources expended, emauated from his fertile brain, or were the objects of proceeded to Little Thibet, where I was received with his anxious attention. His endeavours in 1834 to erect great kindness by Amedshah. Here I was again prea new town near Landour, created much sensation, and vented from following the direct route towards Kuskar, lent additional impulse to the awakening public spirit by the state of the countries through which I should of Upper India. His journey to Little Thibet, Cash-have had to pass, while at the same time I was likely to mere and to the Indian Caucasus, would have filled up be confined in the country during the winter also, the an important chasm in the geography of Central Asia, had that life been spared by disease, which had eluded however, to make my way to Cashmere, where I arrived passes having been declared impracticable. I contrived, the treachery of native chiefs, and the violence of high- the same day and hour with Baron Hugel from Jumland robbers. Still he managed amid all his difficulties and dangers, to insure the introduction of the silk-worm Jelim, and crossed the Attock, entering the European After seeing a little of the valley I descended the of Little Thibet on this side of the Sutledge, and as yet country with a view to penetrating into Kuskar. My with every prospect of success, by which a most impor- assumed character of a holy Syed, enabled me to pursue tant advantage will be conferred, alike on the manufacthat dangerous route; but unfortunately on reaching tories of Lahore and Multan, which are at present the pass, by which I was to have entered Kuskar, I supplied with silk from Bokhara, at a risk and expense of found it closed, but a few days previous to my arrival. overland carriage for 700 miles. After being detained and plundered by a brother Syed, It is gratifying to know that Baron Hugel and Mr.a chief in the territory of Ghuren Khan, I made my Vigne, with that generous feeling which always accom-way rather miserably to Peshawur, where I was kindly panies real personal merit, speak in the highest terms of received and my wants supplied by Mr. Avelable. Dr. Henderson's enterprise as a traveller.

moo.

From this, I proceeded to Lahore, conceiving my expedition terminated at Peshawur. The Maharaj shewed me great attention and appeared most anxious to detain me, but as I have said before, knowing the deep and earnest anxiety you must have felt for me, particularly for the court martial, I hastened to relieve your suspense by proceeding to Lodeeanah, where I am now under atrest. I have found things somewhat different from what I had understood. It appeared that I was merely called on by the Governor for an explanation, when the C. C. (I suspect provincial one) he being the channel of communication, likewise directed that I should be placed in arrest; notwithstanding this I felt much flattered by receiving a kindly welcome from all Lodeeanab, and you may almost fancy how much I enjoy the change from abject misery to plenty and comfort.

Whatever were the talents of our deceased friend, and that they were of no common order all must admit, they were unremittingly devoted to the public good. His character was that of restless energy, which forms the chief element of a master mind. His thoughts flowed too quick upon him to allow him to think as soundly as rapidly. The machine of his mind might occasionally be said to want a regulator. A clog was required to retard the rapidity of movement on an inclined plain. He wanted but more caution and judgment, to have stood forth in the light of a public man of the highest character. He would not however have then sown the seeds of so much improvement, if he had perfected more, he would have laid the foundation of less, and it is after all of more lasting importance to the human race to facilitate and stimulate the progress of the mind, than to give birth to a few perfect measures of moderate utility. Whatever be the blemishes which a sterner critic may discover in Loodeanah, 14th Feb.-Agra Uhhbar.

Yours very sincerely,

JOHN HENDERSON."

CHOWRINGHEE THEATRE.

hours ayont the twal") was mainly promoted by the Secretary, who played Old Wilton with all the humour and piquancy which were wont to characterise his earliest efforts. We hope that he intends to persevere in the new course he has evidently commenced. The time requisite for the changes of Mrs. Leach's costume gave two or three of the amateurs an opportunity of displaying their talent for gag. The delicate subjects of improvisation were the patent medicines occasionally advertised in the papers-written about in M. U. M. and copied with gusto into Mr. Tandy's Ukhbar.—Englishman.

ITALIAN OPERA.

ITALIANA IN ALGERI.

Of the performance we have not room to say all we could wish. Taken as a whole, it was, we are told, one of the most successful essays of our band of English amateurs. The representative of William Tell never, in our humble opinion, appeared to more advantage than in the hardy mountaineer, the soul-stricken Swiss. His scene with Melctal, the poor old man whose eyes had! been torn out, was highly wrought and drew from the The Italiana in Algeri was the first entire Italian fairer portion of the audience the purest proof that the Opera ever performed in Calcutta, and on the good old tenderest chords of sympathy had been touched. Equally principle on revient toujours a ses premieres amours alone, affecting because equally effective and true to nature- we should feel bound to welcome its re-appearance; but were the scenes with Gesler, when the monster, with a the piece has in itself so much to recommend it in the refinement of cruelty almost fabulous, imposes upon Tell shape of amusing incident, lively conceit, and truly the chance of killing his child, and attends and directs graceful music, that no appeals to constancy or to the the cruel ordeal. But it was not only in the struggle recollection of by-gone love passages, on its behalf, are with his feelings as a father that Proteus elicited the ad- necessary. This Opera is a good specimen of the miration of his auditors :-his denunciations of the tyrant genuine Italian Buffa, and has fully as much of the -his gallant bearing when chained and surrounded by simplicity of the middle ages as of the gorgeous emthe myrmidons of the Austrian Bailiff, and his energetic broidery of the modern style. The two Duetts Se incliapostrophes to liberty and the political charms of his na-nassi and Ai capricci are such as even the admirers of tive hills, were all brilliant specimens of histrionic power, and drew down, as they merited, thunders of applause.

Next to Tell, the crack character of the evening was that of the boy Albert. The little fellow seemed to be complete master not only of the letter of his part, but of the spirit which is supposed to animate the highland boy We should be sorry, for obvious reasons, to be instrumental, by any superabundance of praise, in forcing forward talents already sufficiently precocious, but we must say that, with careful training and due attention to his parts of speech," we think our little hero may become a great ornament to the stage. He has "a good sprag memory" as our friend Sir Hugh Evans would say, and an easy confidence.

racter of Sarnem.

those respectable perriwig-pated personages Pacini, Paesiello and Cimarosa, whom we may without offence designate the ancients, might approve of, although they may exclaim against the innovations of the profane practitioners of the day, and lament the depravity of the reigning taste. The music of the Italiana abounds and finished character-its general style is pleasing and in highly expressive passages and melodies of a graceful appropriate, and its harmonies are sufficiently rich without being too elaborate. The unlearned ear is likely to carry away a greater number of impressions from this Opera, than from many others of higher pretension, and this we take to be a convincing proof of its excellence, at least if the canon of Dionysius, of Helicarnassus, that the end of every art is to please the million, be applicable to music.

The revolting character of Gesler was played with In the execution, the Opera we thought rather flagged excellent judgment by a gentleman whose endeavours we have more than once had occasion to applaud. No in the first Act--there was less of energy in the singers This languor amateur understands his author better, or "makes himself than we have been accustomed to note. however disappeared in the second Act, which went off up" as the stage cant has it, for the character he assumes. He was well supported by a rising amateur in the cha-with as much spirit and success as any performance we have witnessed. The investiture of Kaimakan and Puppataci with the insignia of their respective orders created Anneli, by a debutante, was a very creditable essay infinite merriment, and the latter after undergoing a speWe shall be able to form a better judgment of her powers cies of confirmation very much akin to the justly celebrawhen we see her in a more important character. Mr. ted swearing in at Highgate-took the oaths and his seat Hely prettily sang a very pretty serenade, and the Secre- (at a tempting looking feast, wherein oranges and Comtary to the Theatre, in an entire new line of cha-pany's madeira were very conspicuous) under the salute racter, both astonishel and amused the auditory. due to his rank, consisting of a straggling volley from Melctal is quite unworthy of the distinguished talents of Isabella's marines. the amateur who played Macduff; but an imbued with the genuine dramatic spirit does not estimate

a character by its prominence or extent. He played the part feelingly and effectively. The new scenery was beautiful, especially the Seneschal's apartment in the castle-the Lake of Lucerne and the field of Gratte.

amateur This Opera afforded the public another opportunity of admiring the talent and wondering at the ability of the accomplished Amateur who has recently added so much to the attractions of the Opera here. This is the fourth Opera in which be has filled a principal part-in all of them with signal success. This indicates an extraordiIn the after-piece, Mrs. Leach played a lively little nary and very enviable aptitude of acquiring what to character in the course of which she assumed three other most people is passing difficult, if not impossible, of atparts. She was much applauded as a little drummer, tainment. But the manner in which the undertaking is and a great greedy-goose of a boy. The success of the accomplished would almost lead one to suppose that thir farce (which by the way was not over until the "sma' description of skill was intuitive. His opening as

We were glad to perceive Lord Auckland and his family in the Theatre. The House was one of the best we have seen for some time.-Hurkaru.

BACCANALI DI ROMA.

We are unfortunate again in an accident which deprives us of the usual obliging and able assistance on which we have been so much accustomed to rely in Opera criticism.

Languir per una bella was sung with great delicacy and the stimulus and aid supplied to memory by associated tenderness-and in the Quintett in the second act, and dramatic action, enable one to get the melodies by heart, the second Finale when he introduces the Chorus of or even to attempt sotto voce one of Schieroni's rich low Pappataci a movement equally remarkable for grace seconds to the screech of the quadrille leader's fiddle. and originality-he was most successful. Schieroni was Enough and too much of all this, as of the seven castles unusually nervous during the early scenes of the Opera, of Bohemia. Our say is short, for we have little to rebut she had fully recovered her self-possession in the mark on the aforesaid third representation of the Bacsecond Act, and in her fine Rondo at the end she was chanals except that the scant and cold audience could entirely herself. Pizzoni was so enveloped in beard, not fail to communicate its freezing influence to the perturban, and fur, that his voice had no chance, it was lost formance, which accordingly did not go off quite so in a wilderness of hair which every one knows is a bad smooth as the second. The music of this Opera as given conductor and suffocated under a mountain of muslin. at the Chowringhee Theatre with its judicious substituWe are really unable to say whether he sang well or ill, tions and interpolations, we not only think extremely for the instant he turned his head his voice became inau-beautiful, but equal as a whole to any of the numerous dible. We wish he would mend his recitative, which is pieces which our artistes have got up. We suppose it really a nondescript. It is neither the flesh of poetry, is fruitless to persevere in anathematizing an orchestra nor the fish of prose, nor yet the good red-herring of so perseveringly wrong as that of our Chowringhee music-it is itself alone. Cæsar is said to have expostu- Opera, and which never appears to become a whit lated with one who read something after the mode of better acquainted or more familiar with the music, from Pizzoni's recitation-Si cantas male cantas, si legis cantas. frequency of repetition. We shall therefore say no We wish our estimable basso would ponder this. more on the old subjects of loudness; inattention to the singers; running of races with each other; trampling down the slow-coaches, Garate and his chorus. Knowing not what is to come next, or when ! We shall not even put forth our customary good thing about panting time toiling in vain after Signors Catania and Pizzoni. All this and more we leave unsaid, and trust to the consciences of the culprits; and all that we shall say more, voice and less nervous at starting than usual; that she on the Baccanali is this, that Schieroni was in good sung her rondo in the second act with her usual taste and sweet expression, as also the entire of the music But as some notice of the perfor-which she had to execute in duo with Ebuzio. Of the mance will no doubt be expected by our musical readers, latter we must always feel that we ought to speak with we proceed to report that GENERALI's serious opera the reserve, as of an Amateur; although the extraordinary BACCANALI DI ROMA was the piece represented, and-aptitude he has shown in this singular and difficult dewe were sorry to observe-to a very thin house. The partment of the Drama has almost deprived him of an choice of day was doubly unfortunate, though this is not Amateur's privilege to deprecate severity in criticism. easily to be avoided, we believe during Lent. But as His personation of the youthful Roman was elegantly evil stars would have it, the day was also a Hindoo holi-perfect, and his execution of the music equal to the day-a conjunction ever ominous and of evil augury in excellence of the second performance; no mean standard the aspect of our theatrical houses, inasmuch as it too of praise. surely propels the jadded and centrifugal DITCHER at a tangent, off from his dull wheel's eternal orbit, into the adjacent realms of space and air. There was besides, we believe, another ill starred conjunction of the "supperior houses" in the upper regions of Barrackpore, any thing but auspicious to the interests of the Opera; for not only did this hinder our poor artistes from profiting by a particular magnetic box-filling attraction which is said to be inherent in Vice Royalty, but the conjunction to which we allude further deprived the Opera of its accustomed countenance from some of its most distinguished and regular subscribers. But setting these particular causes of thin attendance aside, the artistes or managers of Opera affairs ought by this time to have learnt to take truer measures of English pretensions to musical knowledge and taste, than to venture on giving any Opera three times, however beautiful in itself, however complicated in its arrangement of parts, and difficult to be thoroughly appreciated and understood even by scientific ears. As a people it must be owned we are more nearly allied to Goths and Huns than it is always pleasant or safe to tell. The nations that are really musical come off a different stock. In England it is fashion alone that supports the Opera to this-day; not one in a score of the pianc-thumping Misses or flute-blowing Dandies who frequent the King's Theatre is capable of any remote approximation to understanding or even discerning the combinations of sound that vainly salute the portals of the Vandalic tympanum. But to return to our own muttons. Let no Ŏpera, Oh! worthy managers! be performed thrice or even twice before our Calcutta audiences, unless your treasury is altogether independent, by means of a heavy supscription list, or receipts at the door In India folks go to see an Opera as to see a Pantomime or Melodrama; not to hear and hear again sweet music until

We pass to a subject closely connected with the above, although having no other reference to the Baccanali in particular, than as this has served to remind us of the exceeding gratification we have derived from the performances of our estimable Italian Prima Donna and the duty we owe to her in return, of contributing our mite of Editorial persuasion to obtain for the talented Signora Schieroni a brimming benefit, on (as we understand) the 14th or 15th of April when she proposes to take her leave of us-alas that it must be so!

in the character of Ninetta in Rossini's very charming and popular Opera of the Gazza Ladra. In addition to the indispensable and always ready aid of Ebuzio, we learn that Mr. Linton, Mr. Hamerton and others have pressed forward to strengthen the amateur corps, on this occasion, of which they have the success so warmly at heart-as who indeed has not, who knows the Signora? Mrs. Leach is engaged for the attractive port of Pipo, which her versatile talent will enable her to enact with very good general effect, after a little curtailment: Madame Nouveau is also engaged for the part of Lucia. Altogether the entertainment promises to be well worthy of public patronage; but were the bill of fare not half so promising, the popularity enjoyed by the much respected, the modest, and highly gifted Schieroni with the Musical World of Calcutta and all lovers of the stage, cannot fail of obtaining for her a full subscription list and an overflowing House. We subjoin an extract from the Bengal H‹rald, in the sentiments expressed by the writer of which we cordially agree; and we shall be truly happy if in any way our humble endeavours to promote the object we have all at heart, can be made of use to the talented lady whom we are unfortunately about to lose. Were

it for nothing else but the unpretending liberality with which, as we learn, she withdrew her previlege of a benefit granted by the managing Committee in the favourable season, rather than involve her friends in disagreeable discussions with others-we must say the Signora deserves all the warmth of support which we rejoice to hear her subscription book is receiving individually and collectively from the gentlemen of the Italian Opera Committee.-Hurkaru.

THE SCHIERONI'S BENEFIT.

We refer with mournful feelings to the notification

which intimates that we are soon to bid farewell,

her success. The Signora in that instance generously withdrew her BENEFIT with a view to faciliate the arrangements of the Opera Committee, in a manner and under circumstances that elicited from them the warmest expressions of their approbation. Of course her subscribers on that occasion only felt themselves still more strongly bound to support her whenever the Benefit might take place, and we trust now that the opportunity offers, all those who in that instance did not happen to subscribe very liberally, will not hesitate to DOUBLE the amount of their subscriptions in favour of such an artiste, on such an occasion as that of her last benefit-and of the last Italian Opera in Calcutta. The public at large unfortunately have derived benefit from the exertions of will doubtless come forward liberally; for they alone the Opera which has already produced a beneficial the artistes in the creation and enjoyment of a taste for effect on the state of music here, that will increase and

to have earned for her a fortune, and which have been of Europe and South America, by persons of the highest acknowledged not only here but in some of the capitals musical skill and taste, is now about to leave us, little, if at all, richer than she came here. This is melancholy enough in itself; but it would indeed be an eternal relamentable by her failing on the occasion of her final proach to the community if her case were made more Benefit to have A BUMPER House.

a long farewell we fear, to the most refined and delight ful entertainment which this society has ever enjoyed. One more Opera of the series remains and after that our Italian Prima Donna alone, justly relying on her univer-endure. Signora Schieroni, with talents which ought sal popularity, ventures on a Benefit Opera, (alas! the last that ever will be performed in Calcutta) an example which neither of her countrymen intend to imitate in consequence of the frightful expense which attends each representation of the Lyric Drama and the season of the year being so unpropitious for incurring such a risk. Our readers will naturally ask how this comes to pass, when they have seen the Opera well attended and have heard every where favorable opinions of it. The fact, however, is indisputable, as at the end of the present series, notwithstanding the liberal subscriptions thereto by almost all the elite of society, instead of having any profits to divide, the artistes find they have been exerting their talents for monthly compensation at so limited a ratio, as to be scarcely adequate to a respectable main

tenance.

Under these circumstances alone we should have little doubt that such a favorite as Schieroni, whose high professional talents are associated with qualities which have won for her the esteem of all who know her, would secure her a bumper house; but on this occasion our Italian Prima Donna comes before the public with very extraordinary claims to their support. It will be in the recollection of most of our readers, that Signora Schieroni's Benefit was announced to take place several months ago, when the season and the usual fullness of the City of Palaces at that period were so auspicious to

The Opera which Signora Schieroni has fixed on is the Gaza Ladra, one which in itself would be most attractive, independent of her own claims to a generous support on this, her farewell performance in India. For our parts we feel that the pleasure we may derive from hearing her sing on this occasion with that expression and sweetness, which have so often enraptured her probably for the last time. This will be the something will be damped by the consideration that we hear bitter that will mar our perfect enjoyment of the per

us,

formance

-in medio de fonte leoporum Surget amari aliquid.

Still we hope a crowd will assemble in Chowringhee Theatre to manifest by their presence a generous sympathy in the approaching departure of OUR FAVORITE and to bid her a long farewell.-Bengal Herald.

SUPREME COURT.

STEVENS versus HUME.

JUDGMENT.

other words, whether he shews any thing to make it necessary for him to have recourse to a Court of Equity; whether, if he is entitled to the lands, he cannot recover them at law; and whether, therefore, the bill is not a mere

discuss the great question as to the property, in a case where the expression of our opinion would not really decide the rights of the parties. The preliminary question, therefore, must first be disposed of.

SIR B. MALKIN.-This is a bill brought by the plain-ejectment bill. If it be, it is unnecessary and undesirable to tiff, as sole brother and heir-at-law of Mary Hume, an Armenian Christian, inhabitant of Dacca, in respect of certain lands of which she died possessed, as it is alleged, of an estate in fee simple or other freehold estate ofinheri tance. The bill states that she made a will, and that will was inoperative by reason of her coverture and of no settlement having been made upon her marriage; and it further states that she devised these lands and large person al property under the will of Arratoon Michael as his executrix, devisee and residuary legatee. It also alleges that there are outstanding debts of Arratoon Michael, but to much less amount than the personal estate.

The bill is demurred to, and the demurrer would raise the general and very important question of the nature and tenure of the real estate held by Mary Hume. But there is a preliminary question which it also raises, whether, assuming the plaintiff to be right in the claim which he makes, he is also right in the remedy which he seeks; in

Court of Equity is necessary, is the existence of the outThe only ground suggested, why the intervention of a obstacle to the complainant obtaining the principal relief standing debts of Arratoon Michael. This is the whole he seeks at law: and the question, therefore is, whether this really amounts to an obstacle. For it is clear that the minor points of relief that he seeks, the delivery up of title deeds, the appointment of a receiver, and granting of a writ of ne exeat regno, are not by themselves sufficient to support his claim in equity. To entitle himself to the first, he must recover possession at law, if there is no other obstacle to his so doing; the mere prayer for a receiver will not be granted in a conflict between the heir-at-law and devisee, (Jones v. Jones. 3 Min 161)

and the application for a writ of ne exeat regno is also clearly applicable only to a case where he is otherwise entitled to equitable relief. The question, therefore, resolves itself entirely into the effect of the outstanding debts.

Now, it is plain, that the framers of this bill rest the claim of the complainant entirely on the operation of the English law, so the case was put in argument, and so it appears on the face of the bill. The estates are discribed in the technical terms of that law; the inability of Mary Hume to devise is put upon the footing of that law; and even the contingency peculiar to that law, of a tenancy by the writing in her husband, is carefully and expressly excluded.

Is there then by this law on which the complainant rests his case, any thing to prevent him from recovering without the aid of a Court of Equity? By the general law of England, certainly nothing: the real estate would indeed pass by devise from Arratoon Michael to Mary Hume, subject to the payment of debts of a certain nature (which nature it is not even alleged that the debts in question possessed) and would pass from her to her heir, subject to the same liberality; but this would never vest in her at all as legatee or executrix, and would not pass by any will of hers to her executor, nor if such will were valid. They might, indeed, pass by her will to her devisee, if such will were good in law; but if so, the complainant would have shewn no claim whatever, either in law or in equity Thus far, therefore, if the complainant has any title, his remedy would be at law.

There is nothing to vary this result in the provisions of the Charter, even if they applied to an estate in the hands of such a holder. They make real estate, indeed subject to execution for all debts: but if not taken in execution, they leave its incidents unaffected; and among these will be that of descending in the manner already stated.

remove, must probably have arisen out of that provision of the charter which made real estates liable to execution for all debts and damages, and the act is carefully confined to lands belonging to persons liable to the jurisdiction of the Supreme Courts. There is, therefore, no ing to estates not within the same jurisdiction, and, therereason for treating it as a declaration of the law apply. fore, not affected by the same difficulties.

But I would go farther. It might be hard to exclude a party from all relief, merely because he had made a mistake in the ground on which he placed his right: and it might, therefore, be contended, that if it appeared that the complainant was entitled, not as heir by the law of England, but as heir by some other law, and that unand not otherwise, he ought not to be excluded from der that claim he would be entitled to relief in equity relief, because he had alleged his claim unskilfully. I do not, however, think that this argument can be suphimself to be entitled as heir: that Mary lume, who is ported in this case. The complainant expressly alleges first stated to have taken real and personal property as executrix, devisee, and residuary legatee, held the real of Arratoon Michael as the personal estate in her hands estate as devisee, subject to the payinent of such debts reality, being incompetent to make a will of it; and that was unable to satisfy; that she died intestate as to the the personalities of Arratoon Michael in her hands was therefore, does he shew any legal bar to his title; if she more than sufficient to satisfy his debts. In no way, held the lands as cev see, subject to certain debts, they would pass, subject to the same debts, to her real, not her personal, representative; and if this were not enough, he negatives the liability which he originally suggested, by an express assertion that the personal estate was enough to satisfy the debts, and that, therefore, the condition, for so he treats it, on which the liability was to attach, did not exist. On his own shewing, therefore, the liability to debts furnishes no bar, either in law or in fact, to his enforcing his right at law; and, denying Mary Hume's power to make a will of real estate at all, he rests his claim on a tit'e paramount to that of any person claiming under her will, and asserts a right to treat any such instrument as a nullity. If a nullity, it would furnish no answer to an action at law; and in this case, therefore, as well as in the case of a claim strictly according to the law of England, the bill would be a mere ejectment bill.

The only remaining ground on which any variation from the general rule of the English law could be supposed to exist, would be the satute 9 Geo. 4. c. 33. respecting the liability of real estates as assets in the hands of executors and administrators. This statute, however, clearly applies only to the case of persons strictly and technically described as British subjects, except where the lands are situated within the local jurisdiction of the Supreme Courts. It does not, therefore, affect the present case of lands of an Armenian Christian at Dacca. have some right to equitable relief, even assuming the It is, however, possible that the complainant may I am, indeed, aware, that the statute uses the will to be valid, or the executor to have the power of word "declare," as well as the word "enact"; and that it intermeddling with the land for the payment of debts. I may be said, that if it declares the English law as to one do not, however, think that the Court is competent, or class of estates, it, at least, furnishes evidence of its at all events that it is called upon, under the several construction as to another. This, however, is the most words of this bill, to give him a kind of relief utterly that can be said; for it does not declare the law, except inconsistent with his own notions of his rights, and in the cases to which it applies, and, therefore, does not which we have no reason to suppose he would accept or really alter or affect it in others; but I do not feel that pursue. He disputes the effect of the will. I do not it even furnishes such evidence. The act is confessedly think we have any right to tell him you shall take the obscure and imperfect; but on the best consideration I will as good, and claim rights which you never can give it, I do not think it really purports to be contemplated under it. In a case of slight variation declaratory. The words "declared and enacted," which from the claim set up, this might be reasonable, are used throughout, introduce in the fifth section, aand it might be right to allow an amendment of provision for the confirmation of conveyances, which, if the bill, if such were necessary, to enable him to the law had been conformable to the act before, did not succeed on the new ground, but when he rests his require to be confirmed: and in the 6th section they claim on an entirely different foundation (and that is the usher in a provision for the future construction of the case here; it is not a mere mistake in some portion of act itself. They could not in this case declare the the relief which he seeks,) I think it is better to dismiss previous law on a statute which had no previous the bill altogether. He can then either pursue his claim existence, and it furnishes one argument also that they on his own grounds, in an action of ejectment, or he can could not be intended to operate as a declaration of law reconsider his case, and apply for equitable relief in a that the same clause contains an express provision that new proceeding, if he thinks that his original construccertain real or supposed ambiguities in the law weretion of his rights was erroneous, and that he is entitled still to continue notwithstanding the new statute. On to equitable relief upon another. the whole, I should understand these words, in a very imperfectly expressed statute, to be introduced in the hope of removing a difficulty which they really rather tend to produce, and to be meant to apply, as the case might be, declaring whatever happened to be old, and enacting whatever happened to be new, in its provisions.

But, even if the act be considered strictly declaratory, there could be no reason for applying its principles to the present case The doubts which it was passed to

Entertaining this opinion as to the proper course to adopt, it is unnecessary for me to express any judgment the further discussion of this case. on the very important and difficult questions involved in ready examined, I think that the bill must be dismissed. On the point al

Mr. JUSTICE GRANT.-This case came before me upon demurrer sitting alone on the 2nd February, 1855, and was argued on the 2nd, 5th, and 6th of that month. The sittings ending ten days afterwards, and a good deal of business being before the court, I did not deliver my